Workers Compensation Lawyers Geelong

No, an employer cannot reject a WorkCover claim in Victoria. Once you notify your employer of your injury and submit your claim, they are legally required to forward it to their WorkCover insurer within 10 days, regardless of whether they agree with the claim or not.

The WorkCover insurer will then assess the claim and decide whether to accept or reject it. If your employer tries to prevent you from lodging a claim, this may breach their legal obligations.

If you experience any issues with your employer in relation to your WorkCover claim, or if your claim is denied by the insurer, you should seek expert legal advice. Our experienced personal injury lawyers can assist you in protecting your rights and ensuring your claim is handled correctly from the outset.

There are a number of reasons why a WorkCover insurer would reject a workers claim for compensation, but some common legal battles include:

• The insurer does not believe the injury arose out of or in the course of your work duties;
• The insurer does not believe your employment has materially or significantly contributed to your injury or condition;
• You are suffering from a pre-existing injury or condition;
• The injury was not reported to the employer within 30 days;

If you have not done so already, you should promptly seek the advice of our expert Geelong WorkCover Lawyers to assist you;

Generally, you must refer the rejection of your claim to conciliation as a first step. The Work Injury Commission strive to resolve workers compensation disputes between injured workers and the WorkCover agent or insurer;

If a satisfactory outcome is not reached through the conciliation process, there are further legal options available to you. Our workers compensation lawyers can discuss these options with you, as your options depend on the circumstances of your WorkCover case. This may include but is not limited to a referral to the Medical Panel for a final and binding determination in respect of a medical question, or the commencement of a legal proceeding in the Magistrates Court of Victoria.

After 52 weeks of receiving weekly payments under WorkCover in Victoria, certain changes may occur depending on your work capacity and individual circumstances.

If you are totally incapacitated for your pre-injury duties, your weekly payments generally remain at 80% of your pre-injury average weekly earnings (PIAWE). However, any shift or overtime allowances cease to be payable after 52 weeks, which could reduce your weekly benefit.

If you have a partial capacity to work, weekly payments may continue at a reduced rate, considering your current earnings or capacity to earn.

You may be eligible if;

• You are an employee or deemed worker; and
• You have suffered an injury or become ill as a direct result of your work.

Yes. Workers Compensation applies to all employees, including casual and part-time workers, as long as the injury or illness is work related.